Texas 2019 - 86th Regular

Texas Senate Bill SB362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 362
	1	+	86R28938 EAS-F
	2	+	By: Huffman, et al. S.B. No. 362
	3	+	(Price)
	4	+	Substitute the following for S.B. No. 362: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to court-ordered mental health services.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 137.008(a), Civil Practice and Remedies
8	12		Code, is amended to read as follows:
9	13		(a) A physician or other health care provider may subject
10	14		the principal to mental health treatment in a manner contrary to the
11	15		principal's wishes as expressed in a declaration for mental health
12	16		treatment only:
13	17		(1) if the principal is under an order for temporary or
14	18		extended mental health services under Section 574.034, 574.0345,
15	19		[or] 574.035, or 574.0355, Health and Safety Code, and treatment is
16	20		authorized in compliance with Section 574.106, Health and Safety
17	21		Code; or
18	22		(2) in case of an emergency when the principal's
19	23		instructions have not been effective in reducing the severity of
20	24		the behavior that has caused the emergency.
21	25		SECTION 2. Article 16.22, Code of Criminal Procedure, is
22	26		amended by amending Subsection (c) and adding Subsections (c-1),
23	27		(c-2), and (c-3) to read as follows:
24	28		(c) After the trial court receives the applicable expert's
25	29		written assessment relating to the defendant under Subsection (b-1)
26	30		or elects to use the results of a previous determination as
27	31		described by Subsection (a)(2), the trial court may, as applicable:
28	32		(1) resume criminal proceedings against the
29	33		defendant, including any appropriate proceedings related to the
30	34		defendant's release on personal bond under Article 17.032 if the
31	35		defendant is being held in custody;
32	36		(2) resume or initiate competency proceedings, if
33	37		required, as provided by Chapter 46B [or other proceedings
34	38		affecting the defendant's receipt of appropriate court-ordered
35	39		mental health or intellectual disability services, including
36	40		proceedings related to the defendant's receipt of outpatient mental
37	41		health services under Section 574.034, Health and Safety Code];
38	42		(3) consider the written assessment during the
39	43		punishment phase after a conviction of the offense for which the
40	44		defendant was arrested, as part of a presentence investigation
41	45		report, or in connection with the impositions of conditions
42	46		following placement on community supervision, including deferred
43	47		adjudication community supervision; [or]
44	48		(4) refer the defendant to an appropriate specialty
45	49		court established or operated under Subtitle K, Title 2, Government
46	50		Code; or
47	51		(5) if the offense charged does not involve an act,
48	52		attempt, or threat of serious bodily injury to another person,
49	53		release the defendant on bail while charges against the defendant
50	54		remain pending and enter an order transferring the defendant to the
51	55		appropriate court for court-ordered outpatient mental health
52	56		services under Chapter 574, Health and Safety Code.
53	57		(c-1) If an order is entered under Subsection (c)(5), an
54	58		attorney representing the state shall file the application for
55	59		court-ordered outpatient services under Chapter 574, Health and
56	60		Safety Code.
57	61		(c-2) On the motion of an attorney representing the state,
58	62		if the court determines the defendant has complied with appropriate
59	63		court-ordered outpatient treatment, the court may dismiss the
60	64		charges pending against the defendant and discharge the defendant.
61	65		(c-3) On the motion of an attorney representing the state,
62	66		if the court determines the defendant has failed to comply with
63	67		appropriate court-ordered outpatient treatment, the court shall
64	68		proceed under this chapter or with the trial of the offense.
65	69		SECTION 3. Section 55.13(d), Family Code, is amended to
66	70		read as follows:
67	71		(d) After conducting a hearing on an application under this
68	72		section, the juvenile court shall:
69	73		(1) if the criteria under Section 574.034 or 574.0345,
70	74		Health and Safety Code, are satisfied, order temporary mental
71	75		health services for the child; or
72	76		(2) if the criteria under Section 574.035 or 574.0355,
73	77		Health and Safety Code, are satisfied, order extended mental health
74	78		services for the child.
75	79		SECTION 4. Section 55.38(b), Family Code, is amended to
76	80		read as follows:
77	81		(b) After conducting a hearing under Subsection (a)(2), the
78	82		juvenile court shall:
79	83		(1) if the criteria under Section 574.034 or 574.0345,
80	84		Health and Safety Code, are satisfied, order temporary mental
81	85		health services; or
82	86		(2) if the criteria under Section 574.035 or 574.0355,
83	87		Health and Safety Code, are satisfied, order extended mental health
84	88		services.
85	89		SECTION 5. Section 55.57(b), Family Code, is amended to
86	90		read as follows:
87	91		(b) After conducting a hearing under Subsection (a)(2), the
88	92		juvenile court shall:
89	93		(1) if the criteria under Section 574.034 or 574.0345,
90	94		Health and Safety Code, are satisfied, order temporary mental
91	95		health services; or
92	96		(2) if the criteria under Section 574.035 or 574.0355,
93	97		Health and Safety Code, are satisfied, order extended mental health
94	98		services.
95	99		SECTION 6. Subchapter B, Chapter 22, Government Code, is
96	100		amended by adding Section 22.1106 to read as follows:
97	101		Sec. 22.1106. JUDICIAL INSTRUCTION RELATED TO
98	102		COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES. The court of
99	103		criminal appeals shall ensure that judicial training related to
100	104		court-ordered outpatient mental health services is provided at
101	105		least once every year. The instruction may be provided at the
102	106		annual Judicial Education Conference.
103	107		SECTION 7. Section 501.057(b), Government Code, is amended
104	108		to read as follows:
105	109		(b) Not later than the 30th day before the initial parole
106	110		eligibility date of an inmate identified as mentally ill, an
107	111		institutional division psychiatrist shall examine the inmate. The
108	112		psychiatrist shall file a sworn application for court-ordered
109	113		temporary mental health services under Chapter 574, Health and
110	114		Safety Code, if the psychiatrist determines that the inmate is
111	115		mentally ill and as a result of the illness the inmate meets at
112	116		least one of the criteria listed in Section 574.034 or 574.0345,
113	117		Health and Safety Code.
114	118		SECTION 8. Section 574.002(c), Health and Safety Code, is
115	119		amended to read as follows:
116	120		(c) Any application must contain the following information
117	121		according to the applicant's information and belief:
118	122		(1) the proposed patient's name and address;
119	123		(2) the proposed patient's county of residence in this
120	124		state;
121	125		(3) a statement that the proposed patient is a person
122	126		with mental illness and meets the criteria in Section 574.034,
123	127		574.0345, [or] 574.035, or 574.0355 for court-ordered mental health
124	128		services; and
125	129		(4) whether the proposed patient is charged with a
126	130		criminal offense.
127	131		SECTION 9. Section 574.031, Health and Safety Code, is
128	132		amended by adding Subsections (d-1) and (d-2) to read as follows:
129	133		(d-1) In a hearing for temporary inpatient or outpatient
130	134		mental health services under Section 574.034 or 574.0345, the
131	135		proposed patient or the proposed patient's attorney, by a written
132	136		document filed with the court, may waive the right to cross-examine
133	137		witnesses, and, if that right is waived, the court may admit, as
134	138		evidence, the certificates of medical examination for mental
135	139		illness. The certificates admitted under this subsection
136	140		constitute competent medical or psychiatric testimony, and the
137	141		court may make its findings solely from the certificates. If the
138	142		proposed patient or the proposed patient's attorney does not waive
139	143		in writing the right to cross-examine witnesses, the court shall
140	144		proceed to hear testimony. The testimony must include competent
141	145		medical or psychiatric testimony.
142	146		(d-2) In a hearing for extended inpatient or outpatient
143	147		mental health services under Section 574.035 or 574.0355, the court
144	148		may not make its findings solely from the certificates of medical
145	149		examination for mental illness but shall hear testimony. The court
146	150		may not enter an order for extended mental health services unless
147	151		appropriate findings are made and are supported by testimony taken
148	152		at the hearing. The testimony must include competent medical or
149	153		psychiatric testimony.
150	154		SECTION 10. The heading to Section 574.034, Health and
151	155		Safety Code, is amended to read as follows:
152	156		Sec. 574.034. ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH
153	157		SERVICES.
154	158		SECTION 11. Sections 574.034(g) and (h), Health and Safety
155	159		Code, are amended to read as follows:
156	160		(g) An order for temporary inpatient [or outpatient] mental
157	161		health services shall provide for a period of treatment not to
158	162		exceed [state that treatment is authorized for not longer than] 45
159	163		days, except that the order may specify a period not to exceed 90
160	164		days if the judge finds that the longer period is necessary.
161	165		(h) A judge may not issue an order for temporary inpatient
162	166		[or outpatient] mental health services for a proposed patient who
163	167		is charged with a criminal offense that involves an act, attempt, or
164	168		threat of serious bodily injury to another person.
165	169		SECTION 12. Subchapter C, Chapter 574, Health and Safety
166	170		Code, is amended by adding Section 574.0345 to read as follows:
167	171		Sec. 574.0345. ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH
168	172		SERVICES. (a) The judge may order a proposed patient to receive
169	173		court-ordered temporary outpatient mental health services only if:
170	174		(1) the judge finds that appropriate mental health
171	175		services are available to the proposed patient; and
172	176		(2) the judge or jury finds, from clear and convincing
173	177		evidence, that:
174	178		(A) the proposed patient is a person with severe
175	179		and persistent mental illness;
176	180		(B) as a result of the mental illness, the
177	181		proposed patient will, if not treated, experience deterioration of
178	182		the ability to function independently to the extent that the
179	183		proposed patient will be unable to live safely in the community
180	184		without court-ordered outpatient mental health services;
181	185		(C) outpatient mental health services are needed
182	186		to prevent a relapse that would likely result in serious harm to the
183	187		proposed patient or others; and
184	188		(D) the proposed patient has an inability to
185	189		participate in outpatient treatment services effectively and
186	190		voluntarily, demonstrated by:
187	191		(i) any of the proposed patient's actions
188	192		occurring within the two-year period that immediately precedes the
189	193		hearing; or
190	194		(ii) specific characteristics of the
191	195		proposed patient's clinical condition that significantly impair
192	196		the proposed patient's ability to make a rational and informed
193	197		decision whether to submit to voluntary outpatient treatment.
194	198		(b) To be clear and convincing under Subsection (a)(2), the
195	199		evidence must include expert testimony and evidence of a recent
196	200		overt act or a continuing pattern of behavior that tends to confirm:
197	201		(1) the deterioration of ability to function
198	202		independently to the extent that the proposed patient will be
199	203		unable to live safely in the community;
200	204		(2) the need for outpatient mental health services to
201	205		prevent a relapse that would likely result in serious harm to the
202	206		proposed patient or others; and
203	207		(3) the proposed patient's inability to participate in
204	208		outpatient treatment services effectively and voluntarily.
205	209		(c) An order for temporary outpatient mental health
206	210		services shall state that treatment is authorized for not longer
207	211		than 45 days, except that the order may specify a period not to
208	212		exceed 90 days if the judge finds that the longer period is
209	213		necessary.
210	214		(d) A judge may not issue an order for temporary outpatient
211	215		mental health services for a proposed patient who is charged with a
212	216		criminal offense that involves an act, attempt, or threat of
213	217		serious bodily injury to another person.
214	218		SECTION 13. The heading to Section 574.035, Health and
215	219		Safety Code, is amended to read as follows:
216	220		Sec. 574.035. ORDER FOR EXTENDED INPATIENT MENTAL HEALTH
217	221		SERVICES.
218	222		SECTION 14. Sections 574.035(d), (h), and (i), Health and
219	223		Safety Code, are amended to read as follows:
220	224		(d) The jury or judge is not required to make the finding
221	225		under Subsection (a)(4) [or (b)(2)(F)] if the proposed patient has
222	226		already been subject to an order for extended mental health
223	227		services.
224	228		(h) An order for extended inpatient [or outpatient] mental
225	229		health services must provide for a period of treatment not to exceed
226	230		[shall state that treatment is authorized for not longer than] 12
227	231		months. [The order may not specify a shorter period.]
228	232		(i) A judge may not issue an order for extended inpatient
229	233		[or outpatient] mental health services for a proposed patient who
230	234		is charged with a criminal offense that involves an act, attempt, or
231	235		threat of serious bodily injury to another person.
232	236		SECTION 15. Subchapter C, Chapter 574, Health and Safety
233	237		Code, is amended by adding Section 574.0355 to read as follows:
234	238		Sec. 574.0355. ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH
235	239		SERVICES. (a) The judge may order a proposed patient to receive
236	240		court-ordered extended outpatient mental health services only if:
237	241		(1) the judge finds that appropriate mental health
238	242		services are available to the proposed patient; and
239	243		(2) the judge or jury finds, from clear and convincing
240	244		evidence, that:
241	245		(A) the proposed patient is a person with severe
242	246		and persistent mental illness;
243	247		(B) as a result of the mental illness, the
244	248		proposed patient will, if not treated, experience deterioration of
245	249		the ability to function independently to the extent that the
246	250		proposed patient will be unable to live safely in the community
247	251		without court-ordered outpatient mental health services;
248	252		(C) outpatient mental health services are needed
249	253		to prevent a relapse that would likely result in serious harm to the
250	254		proposed patient or others;
251	255		(D) the proposed patient has an inability to
252	256		participate in outpatient treatment services effectively and
253	257		voluntarily, demonstrated by:
254	258		(i) any of the proposed patient's actions
255	259		occurring within the two-year period that immediately precedes the
256	260		hearing; or
257	261		(ii) specific characteristics of the
258	262		proposed patient's clinical condition that significantly impair
259	263		the proposed patient's ability to make a rational and informed
260	264		decision whether to submit to voluntary outpatient treatment;
261	265		(E) the proposed patient's condition is expected
262	266		to continue for more than 90 days; and
263	267		(F) the proposed patient has received:
264	268		(i) court-ordered inpatient mental health
265	269		services under this subtitle or under Subchapter D or E, Chapter
266	270		46B, Code of Criminal Procedure, for a total of at least 60 days
267	271		during the preceding 12 months; or
268	272		(ii) court-ordered outpatient mental
269	273		health services under this subtitle or under Subchapter D or E,
270	274		Chapter 46B, Code of Criminal Procedure, during the preceding 60
271	275		days.
272	276		(b) The jury or judge is not required to make the finding
273	277		under Subsection (a)(2)(F) if the proposed patient has already been
274	278		subject to an order for extended mental health services.
275	279		(c) To be clear and convincing under Subsection (a)(2), the
276	280		evidence must include expert testimony and evidence of a recent
277	281		overt act or a continuing pattern of behavior that tends to confirm:
278	282		(1) the deterioration of the ability to function
279	283		independently to the extent that the proposed patient will be
280	284		unable to live safely in the community;
281	285		(2) the need for outpatient mental health services to
282	286		prevent a relapse that would likely result in serious harm to the
283	287		proposed patient or others; and
284	288		(3) the proposed patient's inability to participate in
285	289		outpatient treatment services effectively and voluntarily.
286	290		(d) An order for extended outpatient mental health services
287	291		must provide for a period of treatment not to exceed 12 months.
288	292		(e) A judge may not issue an order for extended outpatient
289	293		mental health services for a proposed patient who is charged with a
290	294		criminal offense that involves an act, attempt, or threat of
291	295		serious bodily injury to another person.
292	296		SECTION 16. Section 574.036(e), Health and Safety Code, is
293	297		amended to read as follows:
294	298		(e) The judge may enter an order:
295	299		(1) committing the person to a mental health facility
296	300		for inpatient care if the trier of fact finds that the person meets
297	301		the commitment criteria prescribed by Section 574.034(a) or
298	302		574.035(a); or
299	303		(2) committing the person to outpatient mental health
300	304		services if the trier of fact finds that the person meets the
301	305		commitment criteria prescribed by Section 574.0345(a) [574.034(b)]
302	306		or 574.0355(a) [574.035(b)].
303	307		SECTION 17. Sections 574.037(a), (b-2), and (c-2), Health
304	308		and Safety Code, are amended to read as follows:
305	309		(a) The court, in an order that directs a patient to
306	310		participate in outpatient mental health services, shall designate
307	311		the person identified under Section 574.0125 as responsible for
308	312		those services or may designate a different person if necessary.
309	313		The person designated must be the facility administrator or an
310	314		individual involved in providing court-ordered outpatient
311	315		services. A person may not be designated as responsible for the
312	316		ordered services without the person's consent unless the person is
313	317		the facility administrator of a department facility or the facility
314	318		administrator of a community center that provides mental health
315	319		services:
316	320		(1) in the region in which the committing court is
317	321		located; or
318	322		(2) in a county where a patient has previously
319	323		received mental health services.
320	324		(b-2) The person responsible for the services shall submit
321	325		the program to the court before the hearing under Section 574.0345
322	326		or 574.0355 [574.034 or 574.035] or before the court modifies an
323	327		order under Section 574.061, as appropriate.
324	328		(c-2) A court may[, on its own motion,] set a status
325	329		conference in accordance with Section 574.0665 [with the person
326	330		responsible for the services, the patient, and the patient's
327	331		attorney].
328	332		SECTION 18. Sections 574.061(a), (b), (c), (d), (e), and
329	333		(h), Health and Safety Code, are amended to read as follows:
330	334		(a) The facility administrator of a facility to which a
331	335		patient is committed for inpatient mental health services, not
332	336		later than the 30th day after the date the patient is committed to
333	337		the facility, shall assess the appropriateness of transferring the
334	338		patient to outpatient mental health services. The facility
335	339		administrator may recommend that [may request] the court that
336	340		entered the commitment order [to] modify the order to require the
337	341		patient to participate in outpatient mental health services.
338	342		(b) A [The] facility administrator's recommendation under
339	343		Subsection (a) [request] must explain in detail the reason for the
340	344		recommendation [request]. The recommendation [request] must be
341	345		accompanied by a supporting certificate of medical examination for
342	346		mental illness signed by a physician who examined the patient
343	347		during the seven days preceding the recommendation [request].
344	348		(c) The patient shall be given notice of a facility
345	349		administrator's recommendation under Subsection (a) [the request].
346	350		(d) On request of the patient or any other interested
347	351		person, the court shall hold a hearing on a facility
348	352		administrator's recommendation that the court modify the
349	353		commitment order [the request]. The court shall appoint an
350	354		attorney to represent the patient at the hearing and shall consult
351	355		with the local mental health authority before issuing a decision.
352	356		The hearing shall be held before the court without a jury and as
353	357		prescribed by Section 574.031. The patient shall be represented by
354	358		an attorney and receive proper notice.
355	359		(e) If a hearing is not requested, the court may make a [the]
356	360		decision regarding a facility administrator's recommendation based
357	361		on:
358	362		(1) [solely from] the recommendation;
359	363		(2) [request and] the supporting certificate; and
360	364		(3) consultation with the local mental health
361	365		authority concerning available resources to treat the patient.
362	366		(h) A modified order may [not] extend beyond the term of the
363	367		original order, but may not exceed the term of the original order by
364	368		more than 60 days.
365	369		SECTION 19. Subchapter E, Chapter 574, Health and Safety
366	370		Code, is amended by adding Section 574.0665 to read as follows:
367	371		Sec. 574.0665. STATUS CONFERENCE. A court on its own motion
368	372		may set a status conference with the patient, the patient's
369	373		attorney, and the person designated to be responsible for the
370	374		patient's court-ordered outpatient services under Section 574.037.
371	375		SECTION 20. Section 574.069(e), Health and Safety Code, is
372	376		amended to read as follows:
373	377		(e) The court shall dismiss the request if the court finds
374	378		from clear and convincing evidence that the patient continues to
375	379		meet the criteria for court-ordered extended mental health services
376	380		prescribed by Section 574.035 or 574.0355.
377	381		SECTION 21. Section 574.081, Health and Safety Code, is
378	382		amended by amending Subsections (b) and (c) and adding Subsections
379	383		(a-1), (c-1), and (c-2) to read as follows:
380	384		(a-1) Subject to available resources, Subsections (a), (b),
381	385		(c), (c-1), and (c-2) apply to a patient scheduled to be furloughed
382	386		or discharged from:
383	387		(1) a state hospital; or
384	388		(2) any psychiatric inpatient bed funded under a
385	389		contract with the Health and Human Services Commission or operated
386	390		by or funded under a contract with a local mental health authority
387	391		or a behavioral mental health authority.
388	392		(b) The physician shall prepare the plan as prescribed by
389	393		Health and Human Services Commission [department] rules and shall
390	394		consult the patient and the local mental health authority in the
391	395		area in which the patient will reside before preparing the plan.
392	396		The local mental health authority shall be informed of and must
393	397		participate in planning the discharge of a patient [is not required
394	398		to participate in preparing a plan for a patient furloughed or
395	399		discharged from a private mental health facility].
396	400		(c) The plan must address the patient's mental health and
397	401		physical needs, including, if appropriate:
398	402		(1) the need for outpatient mental health services
399	403		following furlough or discharge; and
400	404		(2) the need for sufficient psychoactive medication on
401	405		furlough or discharge to last until the patient can see a
402	406		physician[; and
403	407		[(2) the person or entity that is responsible for
404	408		providing and paying for the medication].
405	409		(c-1) Except as otherwise specified in the plan and subject
406	410		to available funding provided to the Health and Human Services
407	411		Commission and paid to a private mental health facility for this
408	412		purpose, a private mental health facility is responsible for
409	413		providing or paying for psychoactive medication and any other
410	414		medication prescribed to the patient to counteract adverse side
411	415		effects of psychoactive medication on furlough or discharge
412	416		sufficient to last until the patient can see a physician.
413	417		(c-2) The Health and Human Services Commission shall adopt
414	418		rules to determine the quantity and manner of providing
415	419		psychoactive medication, as required by this section. The
416	420		executive commissioner may not adopt rules requiring a mental
417	421		health facility to provide or pay for psychoactive medication for
418	422		more than seven days after furlough or discharge.
419	423		SECTION 22. Sections 574.104(a), (b), and (d), Health and
420	424		Safety Code, are amended to read as follows:
421	425		(a) A physician who is treating a patient may, on behalf of
422	426		the state, file an application in a probate court or a court with
423	427		probate jurisdiction for an order to authorize the administration
424	428		of a psychoactive medication regardless of the patient's refusal
425	429		if:
426	430		(1) the physician believes that the patient lacks the
427	431		capacity to make a decision regarding the administration of the
428	432		psychoactive medication;
429	433		(2) the physician determines that the medication is
430	434		the proper course of treatment for the patient;
431	435		(3) the patient is under an order for inpatient mental
432	436		health services under this chapter or other law or an application
433	437		for court-ordered mental health services under Section 574.034,
434	438		574.0345, [or] 574.035, or 574.0355 has been filed for the patient;
435	439		and
436	440		(4) the patient, verbally or by other indication,
437	441		refuses to take the medication voluntarily.
438	442		(b) An application filed under this section must state:
439	443		(1) that the physician believes that the patient lacks
440	444		the capacity to make a decision regarding administration of the
441	445		psychoactive medication and the reasons for that belief;
442	446		(2) each medication the physician wants the court to
443	447		compel the patient to take;
444	448		(3) whether an application for court-ordered mental
445	449		health services under Section 574.034, 574.0345, [or] 574.035, or
446	450		574.0355 has been filed;
447	451		(4) whether a court order for inpatient mental health
448	452		services for the patient has been issued and, if so, under what
449	453		authority it was issued;
450	454		(5) the physician's diagnosis of the patient; and
451	455		(6) the proposed method for administering the
452	456		medication and, if the method is not customary, an explanation
453	457		justifying the departure from the customary methods.
454	458		(d) The hearing on the application may be held on the date of
455	459		a hearing on an application for court-ordered mental health
456	460		services under Section 574.034, 574.0345, [or] 574.035, or 574.0355
457	461		but shall be held not later than 30 days after the filing of the
458	462		application for the order to authorize psychoactive medication. If
459	463		the hearing is not held on the same day as the application for
460	464		court-ordered mental health services under those sections [Section
461	465		574.034 or 574.035] and the patient is transferred to a mental
462	466		health facility in another county, the court may transfer the
463	467		application for an order to authorize psychoactive medication to
464	468		the county where the patient has been transferred.
465	469		SECTION 23. Section 574.151, Health and Safety Code, is
466	470		amended to read as follows:
467	471		Sec. 574.151. APPLICABILITY. This subchapter applies only
468	472		to a person for whom a motion for court-ordered mental health
469	473		services is filed under Section 574.001, for whom a final order on
470	474		that motion has not been entered under Section 574.034, 574.0345,
471	475		[or] 574.035, or 574.0355 and who requests voluntary admission to
472	476		an inpatient mental health facility:
473	477		(1) while the person is receiving at that facility
474	478		involuntary inpatient services under Subchapter B or under Chapter
475	479		573; or
476	480		(2) before the 31st day after the date the person was
477	481		released from that facility under Section 573.023 or 574.028.
478	482		SECTION 24. Section 152.00164(b), Human Resources Code, is
479	483		amended to read as follows:
480	484		(b) Before a child who is identified as having a mental
481	485		illness is discharged from the custody of the juvenile board or
482	486		local juvenile probation department under Section 152.00163(b),
483	487		the juvenile board or local juvenile probation department shall
484	488		arrange for a psychiatrist to examine the child. The juvenile board
485	489		or local juvenile probation department shall refer a child
486	490		requiring outpatient psychiatric treatment to the appropriate
487	491		mental health authority. For a child requiring inpatient
488	492		psychiatric treatment, the juvenile board or local juvenile
489	493		probation department shall file a sworn application for
490	494		court-ordered mental health services, as provided in Subchapter C,
491	495		Chapter 574, Health and Safety Code, if:
492	496		(1) the child is not receiving court-ordered mental
493	497		health services; and
494	498		(2) the psychiatrist who examined the child determines
495	499		that the child has a mental illness and the child meets at least one
496	500		of the criteria listed in Section 574.034 or 574.0345, Health and
497	501		Safety Code.
498	502		SECTION 25. Section 244.012(b), Human Resources Code, is
499	503		amended to read as follows:
500	504		(b) Before a child who is identified as mentally ill is
501	505		discharged from the department's custody under Section 244.011(b),
502	506		a department psychiatrist shall examine the child. The department
503	507		shall refer a child requiring outpatient psychiatric treatment to
504	508		the appropriate mental health authority. For a child requiring
505	509		inpatient psychiatric treatment, the department shall file a sworn
506	510		application for court-ordered mental health services, as provided
507	511		in Subchapter C, Chapter 574, Health and Safety Code, if:
508	512		(1) the child is not receiving court-ordered mental
509	513		health services; and
510	514		(2) the psychiatrist who examined the child determines
511	515		that the child is mentally ill and the child meets at least one of
512	516		the criteria listed in Section 574.034 or 574.0345, Health and
513	517		Safety Code.
514	518		SECTION 26. The Supreme Court shall:
515	519		(1) adopt rules to streamline and promote the
516	520		efficiency of court processes under Chapter 573, Health and Safety
517	521		Code; and
518	522		(2) adopt rules or implement other measures to create
519	523		consistency and increase access to the judicial branch for mental
520	524		health issues.
521	525		SECTION 27. The following provisions of the Health and
522	526		Safety Code are repealed:
523	527		(1) Sections 574.034(b), (e), and (f); and
524	528		(2) Sections 574.035(b), (f), and (g).
525	529		SECTION 28. The Health and Human Services Commission is
526	530		required to implement a provision of this Act only if the
527	531		legislature appropriates money specifically for that purpose. If
528	532		the legislature does not appropriate money specifically for that
529	533		purpose, the Health and Human Services Commission may, but is not
530	534		required to, implement a provision of this Act using other
531	535		appropriations available for that purpose.
532	536		SECTION 29. The changes in law made by this Act to Chapter
533	537		574, Health and Safety Code, apply to a commitment proceeding under
534	538		that chapter that occurs on or after the effective date of this Act,
535	539		regardless of whether conduct of a proposed patient being evaluated
536	540		for that purpose occurred before, on, or after the effective date of
537	541		this Act.
538	542		SECTION 30. The changes in law made by this Act to Article
539	543		16.22, Code of Criminal Procedure, and Chapter 574, Health and
540	544		Safety Code, apply to a proceeding for court-ordered mental health
541	545		services that occurs on or after the effective date of this Act,
542	546		regardless of when an offense with which the defendant is charged
543	547		was committed.
544	548		SECTION 31. This Act takes effect September 1, 2019.
545		-	______________________________ ______________________________
546		-	President of the Senate Speaker of the House
547		-	I hereby certify that S.B. No. 362 passed the Senate on
548		-	April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
549		-	the Senate concurred in House amendment on May 21, 2019, by the
550		-	following vote: Yeas 31, Nays 0.
551		-	______________________________
552		-	Secretary of the Senate
553		-	I hereby certify that S.B. No. 362 passed the House, with
554		-	amendment, on May 15, 2019, by the following vote: Yeas 141,
555		-	Nays 4, three present not voting.
556		-	______________________________
557		-	Chief Clerk of the House
558		-	Approved:
559		-	______________________________
560		-	Date
561		-	______________________________
562		-	Governor